2011 (5) TMI 880

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the Respondent. JUDGMENT [Judgment (Oral)]. - This Appeal is filed by the Assistant Collector of Customs (P) questioning the adequacy of sentence of rigorous imprisonment for five months with a fine of Rs. 30,000/- imposed upon the appellant for the offence punishable under Sections 135(1)(a)(i) and 135(1)(b)(i) of the Customs Act by the learned Chief Metropolitan Magistrate, Esplanade, Bom....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eal being filed unless specifically provided in the Code. Section 377 of the Code of Criminal Procedure provides for Appeal by the State or Union Government against sentence. Sub-section (2) provides that in case of conviction on a prosecution launched by an agency employed to make investigation under the Central Government, the Central Government may direct the learned Spl. P.P. to prefer an Appe....